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| Under the Act on the Investigation of Unfair International Trade Practices and Remedy against Injury to Industry (hereinafter "the Act"), the Korea Trade Commission (KTC) has the authority to conduct investigations and bring enforcement actions against unfair trade practices in Korea, including infringement of intellectual property (IP), such as patents, trademarks, and copyrights. An amendment to the Act was recently announced on March 21, 2008, with the aim of enhancing the effectiveness of KTC's activities against unfair trade practices and encouraging the public to take advantage of KTC procedures. The amendment will enter into force on September 21, 2008. A summary of the major amendments are as follows. |
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The Korean Intellectual Property Office ("KIPO") has introduced an important change to the rules governing patent and utility model examinations in Korea.
Under the previous KIPO examination rules, there was no express limitation on the number of extensions available when responding to office actions. Instead, the number and duration of extensions was at the Examiner's discretion. In certain instances, this has led to excessive extensions being granted. In one example cited by KIPO, the applicant obtained extensions for fifty-seven (57) months. Consequently, the rule change is intended to prevent such purposeful delay tactics. |
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| Korean Intellectual Property Office ("KIPO") Commissioner Jung-Sik Koh announced in a press briefing on June 18, 2008, that KIPO is shifting its policy focus from "fast-for-all" examinations to "customer-tailored" high quality examinations. Under the current system, KIPO had a strong emphasis on speed. The first office action was usually sent out within 10 to 12 months from the request for examination. Under the proposed system (scheduled to start on October 1, 2008), KIPO will allow applicants to choose one of three examination tracks: accelerated, normal, or delayed examination. |
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| The above mark is a registered trademark (designated goods: perfume) of Kenzo Société Anonyme (hereinafter "Kenzo"), which is an affiliate of the French conglomerate, Louis Vuitton Group. |
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The Seoul Central District Court ruled in favor of the registrant holding that the registered mark "MASAI WALKING", is distinctive in connection with shoes. Therefore, the mark was found to be enforceable (Case No. 2007Gahap92570; decided on April 16, 2008).
Case background
Masai Marketing & Trading AG ("Plaintiff") registered the mark "MASAI WALKING" in connection with shoes. The shoes were designed to have healthful benefits. Due to the recent popularity of "well-being" products (products that are geared towards healthy living), the "MASAI WALKING" shoes became popular throughout Korea. |
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